High Court Kerala High Court

Florencia Elias vs The State Of Kerala on 2 April, 2009

Kerala High Court
Florencia Elias vs The State Of Kerala on 2 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6604 of 2007(J)


1. FLORENCIA ELIAS, HOUSE NO.22,
                      ...  Petitioner
2. GODWIN ELIAS, AGED 19 YEARS,
3. SALWIN ELIAS, AGED 14 YEARS,
4. MELWIN ELIAS, AGED 9 YEARS,

                        Vs



1. THE STATE OF KERALA, REP. BY ITS
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE CHIEF ACCOUNTS OFFICER, INDIAN

4. THE JOINT DIRECTOR, KERALA STATE

                For Petitioner  :SRI.SUMAN CHAKRAVARTHY

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :02/04/2009

 O R D E R
               P.R.RAMACHANDRA MENON, J.
                    ---------------------------------------
                    W.P.(C) No.6604 OF 2007
                    ---------------------------------------
               Dated this the 2nd day of April, 2009


                             JUDGMENT

The petitioner’s husband, while returning home from the

place of work, was knocked down on the road by a KSRTC bus

causing serious injuries leading to his death on 04.03.2006.

The grievance of the petitioner is that the respondents 3 and 4

have refused to disburse the GPF closure amount mentioned

under Ext.P5, insisting for production of guardianship

certificate and further against the non-disbursement of the

ex-gratia amount of Rs.50,000/- promised as payable to the

dependants of the victim by the second respondent/District

Collector, as appeared in Ext.P1 newspaper report.

2. When the above matter came up for admission before

this Court on 27.02.2007, instruction was sought for as to the

availability of the said sum of Rs.50,000/- payable as ex-gratia,

and as to the other reliefs prayed for. Subsequently, an interim

order was passed on 21.03.2007 observing that, if ‘heirship

certificate’ is produced following Ext.P5, ‘guardianship

certificate’ need not be insisted, on the petitioner’s executing

W.P.(C) No.6604 of 2007
2

an indemnity bond for the collection of funds on behalf of the

minor children as well. The learned counsel for the petitioners

submits that the first prayer sought for in the writ petition

stands satisfied particularly in the light of the interim order

passed by this Court on 21.03.2007. With regard to the second

relief prayed for, the learned counsel submits that the

petitioner has been given only a sum of Rs.10,000/- and the

remaining extent of 40,000/- is still due.

3. No counter affidavit has been filed from the part of

the respondents and no instruction is available as to the extent

or availability of Rs.50,000/- stated as payable towards

ex-gratia as proclaimed by the second respondent/District

Collector vide Ext.P1 newspaper report. Even though this

Court is well aware that no reliance can be placed on such

newspaper reports and no decision can be arrived at on that

basis, it is reasonably presumed that the declaration as above

was made by the second respondent/District Collector taking

note of the availability by such amounts. More so, when no

counter affidavit has been filed by the said respondent, in spite

of the instructions sought for by this Court as observed in the

W.P.(C) No.6604 of 2007
3

proceedings dated 27.02.2007.

4. In the above facts and circumstances, the second

respondent is hereby directed to consider the claim of the

petitioners for obtaining the balance amount of Rs.40,000/-

payable as ex-gratia amount in respect of the death of the first

petitioner’s husband caused in the road accident on

04.03.2006 and the amount if any found payable, shall be

disbursed as early as possible and at any rate within three

months from the date of receipt of copy of the judgment. The

petitioners shall produce a copy of the judgment before the

second respondent for proceeding with further steps.

The writ petition is disposed of.

P.R.RAMACHANDRA MENON
JUDGE

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